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Journal of Governance and Regulation / Volume 4, Issue 4, 2015, Continued - 4

THE TALMUDIC PHILOSOPHICAL CONCEPTION OF

Alexander Maune *

Abstract

The is considered to be one of the cornerstones of , and Jewish wisdom for business success. The Talmud has been the guide and main nerve center of the Jewish people. This article examines the philosophical conception of business ethics from a Talmudic perspective. The article used a conceptual approach as well as a review of related literature. It was found out that the road of the Talmud led not to philosophy and but to ethics, and justice; it pursued not the abstract but the concrete. This article has therefore business and academic value.

Key Words: Talmud, , Tanach, Business, Ethics

* CEMS, Department of Business Management, UNISA, South Africa

1. Introduction replete with legal, ethical, and moral questions. Friedman (1985) states that the Talmud consists of 63 The Babylonian Talmud (Hebrew, Talmud Bavli) is tractates (volumes) which include discussions of the without doubt the most prominent text of rabbinic law (and moral obligations) with regard to religious Judaism’s traditional literature. Indeed, the simple rites, marital relations, business, torts, social relations, phrase “the Talmud says” often stands as a kind of holidays, et cetera. There are 6 orders, 63 tractates, shorthand for any teaching found anywhere in the and 517 chapters (Kahaner, 2003). The Midrash52, a vast rabbinic corpus surviving from Late Antiquity. separate scripture, recorded the views of the Among , of course, the Talmud has been revered, Talmudic sages and is mainly devoted to the studied, and commented upon over and over again for exposition of biblical verses (Friedman, 2000). The more than a millennium (Jaffee and Fonrobert, 2007). canon of the , constructed from commentaries The Talmud (Jewish ) literally means and discussions on the , was first recorded in “study.” The Talmud is a lengthy commentary on the written form about 1500 years ago (Friedman, 2012). Mishnah composed in Hebrew and . The Unterman (1971) in Maune (2015a) argues that, earlier edition, most likely redacted in in the States sprang up and States vanished but the has late fourth and/or early fifth centuries in the current always preserved his Talmud and from it drew the era, is known as the or Palestinian Talmud strength to overcome all the tragedies. The Talmud (Talmud Yerushalmi). The later and larger edition, has been argued to be the Jewish secret for success redacted in Persia in as-yet poorly understood stages (Brackman and Jaffe, 2008). Unterman (1971) argues between the late fifth and late eighth centuries in the that the inner world of the Jew has always remained current era, is known as the Babylonian Talmud. Like the Mishnah, the Talmud is organized into orders 52 – Is the specific name for the activity of biblical (sedarim) and within the orders into tractates interpretation as practiced by the of the Land of (masekhot) (Jaffee and Fonrobert, 2007). in the first five centuries of the Common Era. The According to Miller (2011) in Maune (2015a), Hebrew word derives from the root, d-r-sh, which literally the Talmud is a comprehensive term for the Mishnah means “to inquire” or “to search after.” In the earlier books and Gemara as joined in the two compilations known of the , the root is used to refer to the act of seeking as the Babylonian Talmud (6th Century) and the out God`s will (for example, Genesis 25:22; Exodus (5th Century). The Mishnah is a 18:15), particularly through consulting a figure like fundamental collection of the legal pronouncements or a prophet or another type of oracular authority. Midrash and discussions of the Tanna`im (Rabbinic sages), itself is part of the Oral Torah. The Hebrew word for compiled by Yehudah HaNasi early in the 3rd “study” used in the verse ( 7:10), lidrosh, has the same Century. The Mishnah is the basic text of the Oral root as midrash. By late antiquity midrash had come to Torah (Maune, 2015a). The Talmud is principally designate Bible study in general. The Rabbis called their concerned with halacha (Jewish law), but it also academy a bet midrash, literally “a home of study,” and from provides a detailed record of the beliefs of the Jewish such usage, midrash came to be the term the Rabbis people, their philosophy, traditions, culture, and themselves employed to designate the way they studied folklore, that is, the (homiletics). It is also Scripture and interpreted its meaning.

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whole and untouched; no outside influence, no danger 2. The concept of business ethics and no whirlwind had sufficient power to destroy this world. The Talmud has always been a book solely for 2.1 Definition of business ethics scholars, savants, and researchers and it is considered a significant part of their [Jewish] daily life Although defining business ethics has been somewhat (Unterman, 1971). To Unterman (1971) and problematic, several definitions have been proposed. Brackman and Jaffe (2008) the Talmud is the De George (2006) defines the field broadly as the cornerstone of the , their creative interaction of ethics and business, and although its strength as well as the backbone of their history. To aim is theoretical, the product has practical the Jewish people the Talmudic literature, as well as application. Velasquez (2006) defines the business the Tanach (Bible), is imbued with the highest of ethics field as a specialized study of moral right and universal ideals, full of for mankind and human wrong. brotherhood. In his Terminology of Logic, The Talmud has created a broad ethical world, divides philosophy into two divisions: theoretical and and it is from this that the Jews have drawn their practical philosophy. The latter he also terms "human universal conception of morality and responsibility philosophy," or "political science." Under theoretical (Unterman, 1971). It is the Talmud which gave philosophy he groups mathematics, physics, and their breadth and depth of conception. metaphysics. Under practical philosophy are found The Jews derived their views upon morality and ethics, household economy, the science of individual responsibility, ideas concerning their government, and politics in its broadest sense relations to man and society, Jew and non-Jew, from (Gorfienkle, 1912). the Talmud. The main foundations have always been According to Gorfienkle (1912), ethics, or the universal. Love and justice for all of humanity. This science of self-guidance, consists, on the one hand, in is best expressed in the maxim: love thy neighbor as acquiring for one's self noble soul-qualities or thyself. characteristics, and, on the other hand, of avoiding This article focuses on the Talmudic conception qualities. These qualities, whether good or bad, of business ethics through a review of related are called states or conditions, and when acquired literature in journal articles and books. It is the each is known as a property. Noble qualities are author`s hope that, in some way, this will help resolve called , while evil qualities are termed vices. societal and business ethics related challenges. The virtues cause good deeds, the vices, bad ones. Friedman (1985) argues that although the Talmud is Ethics to Gorfienkle (1912) is the science of virtues an ancient document, many of the problems or of good deeds. addressed in it have their modern counterparts. This is Unterman (1971) further defines ethics as the especially true of those related to ethical behavior in science of moral and right behavior, the art of so business. The reason being that from region to region, regulating human conduct as to ensure happiness to and from century to century, while things may have all mankind, the system of thought which attempts to changed, the people are still the same. The business change the factors determining manners and to world has been faced with immoral activities and introduce harmony and clarity in them. To him, ethics behavior that requires ethics, not of the 21st century, is essentially the teaching of human justice, the but ethics as perceived by the Talmud. After the big teaching of precepts that bind the individual to corporate scandals such as Enron, Worldcom, obligations that are not enforceable by law. Ethical Parmalat, [Andersen, Adelphia, Barings Bank, Exxon obligations are not under the jurisdiction of the court, Valdez, Chernobyl] and various other failures in and no one can be punished for violating them. The [both local and] global corporations, corporate individual himself is responsible for adhering to governance has become the focal point and has them, and they are entrusted to him alone. This points increased to the role of business ethics (Rossouw, to Kidder`s (2001) definition of ethics. 2005; Crowther and Seifi, 2011 cited in Maune, According to Kidder (2001), Lord Moulton, a 2015b). CEOs have robbed their companies of British jurist in the 19th century, described ethics millions while leaving their workers penniless and simply as “obedience to the unenforceable.” unemployed. As Kidder (2001) states that the world Obedience to the enforceable is merely law–an will not survive the 21st century with the ethics of the important part, but only a small part, of the reason we 20th century. Something significant has to be done. behave as we do. He further states that, obedience to This is true if one considers the scale at which the enforceable is what prevents us from driving 65 technology is developing and if imagining the scale miles an hour in a school zone: You caught. of future technologies. The main worry is whether our Obedience to the unenforceable, however, is what ethics have grown so strong and sophisticated to keeps you from going into a supermarket and, just as match the growth in technology. This article seeks to an elderly woman is about to put her hand on the last find solutions and answers to all these challenges shopping cart, elbowing her away, seizing the cart, from the Talmud. and running off down the aisle with it. There is no law that says, “Thou shall not steal shopping carts

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from elderly women.” People do not do those things– business ethics (for example, Friedman, 1980; because of the very real but ultimately unenforceable Friedman, 1984; Friedman, 1985; Levine, 1987; canons of society. This concept of ethics as obedience Tamari, 1987; Tamari, 1991; Tamari, 1995; to the unenforceable helps to explain some of the Friedman, 2000; Gellis, Giladi, and Friedman, 2002; things people see going on around in the regulatory Kahaner, 2003; Levine, 2005; Friedman and Klein, and legislative climate today. We are clearly 2010; Friedman and Adler, 2011). Friedman (2012) regulated one way or another–that is the nature of the further states that, the Talmud has extensively human experience. Our choice is only whether to be discussed issues of business ethics. To him, this is not self-regulated or to be regulated by externalities surprising given that more than a 100 of the 613 (Kidder, 2001). As the ethics of self-regulation precepts in the Torah itself deal with the subject. dropped away, in other words, the law rushed in to The Talmud (, 85b) states that, fill the void. And that will ever be the case. If one transgressions committed against one’s fellowman asks him/herself why we are such a litigious society, are, in a sense, more severe than those committed regulated by vast bodies of law at every turn, is it not against God. If a person against God and largely because our ethics has dropped away and the subsequently repents, God forgives him. But if the law has swept in to replace it? What used to be is against one’s fellowman, then even if the sinner obedience to the unenforceable has become repents, he cannot be forgiven until he has appeased obedience to the enforceable. What used to be the offended party. We see, then, that transgressions regulation by our own good habits has become against one’s fellowman are more severe than those regulation by the will of the legislators (Kidder, committed against God, and this is underlined by the 2001). manner in which each type of sin is atoned for. If a Kidder (2001) further provides another sinner repents, then atones for all his definition that grows out of concern over dictionary sins against God, but until his fellowman forgives definitions of the word ethics. This talks about ethics him, Yom Kippur cannot atone for interpersonal in relation to the difference between right and wrong. injuries, no matter how fervently one confesses and Frankly, for most people, most of the time, ethics is regrets them. This then supports `s the battle of right versus right. Few people, facing an above mentioned famous saying in Shabbos (31a) ethical dilemma, say to themselves, “Here, on one that: “What is hateful to you, do not do to your fellow hand, is the great, the good, the wonderful, and the human, ‘that is the whole Torah, and the rest is just pure and, on the other hand, the awful, the evil, the commentary.’” The Jewish faith and ethics is miserable, and the terrible–and here I stand equally centered on this. torn between them.” People do not do that. Once one There are various schools of philosophy that defines one side as evil, it is pretty much dismissed. believe, however, that ethical concepts are not The whole subject of business ethics revolves completely arbitrary and although they may often around Hillel the Elder`s most famous Talmudic change they remain essentially the same. These saying: “What is hateful to you, do not do to your include the naturalist, the intuitive and the hedonistic fellow human, 'that is the whole Torah, and the rest is schools of thought that hold that beliefs are inborn in just commentary.’”53 human nature and that it is by intuition that man knows what is right and what is wrong. However, the 3. The Talmud`s conception of business ethical beliefs of Judaism are totally different. They ethics are immutable and are independent of human will or intuition. The of right and wrong are universal, The soul of the Jewish religion is its ethics. Its God is because they are determined by the will of God. the Fountainhead and Ideal of morality. Jewish Jewish ethics are spiritual ethics – based on the idea business ethics, then derives its sanction from God, that there is a constant awareness of God that infuses the Author and Master of life, and sees its purpose in all thought and actions. Unterman (1971) argues that the hallowing of all life, individual and social. At the even from the purely human viewpoint, in the light of beginning of the summary of the ethics laws in the everyday experience, the Tanach and the Talmud are Mosaic Code stands the verse: “Speak to the entire the greatest and most glorious works of ethics; this to assembly of the Children of Israel and say to them: him is true as regards their prismatic clarity, as well You shall be holy, for holy am I, Hashem, your as their historical significance, their many God”54 (Leviticus 19:2). According Friedman (2012), humanitarian laws, and their great influence. To numerous books and papers examine Talmudic prove his point, he states that when the foundations were being laid for the future world, the city of Rome on the hills of the Tiber, the prophets of Israel had 53 Shabbos, 31a already been prophesying about the fate and future of 54 This Sidrah begins by instructing the nation to become nations. At the present time, when people are in holy by emulating God as much as possible; this will elevate possession of the ancient literatures of the Egyptians, their lives in this world. “You shall be holy” is a general the Assyrians, and the Babylonians, people are able to admonition that one`s approach to all aspects of life be judge that the truth of the Tanach and the Talmud has governed by moderation.

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no equal; and that the most magnificent and splendid view of man and mankind. The Jews were the first to works of other peoples were created under the regard labor as , to put aside a day of rest, to influence of Jewish ethics. proclaim complete freedom and equality, and to pray The Talmud apprehended three fundamental for peace among nations. truths: the belief in one God, the belief in a moral and According to the Talmud, the belief in God and ethical life, and the hope for the salvation and in His so-called attributes is the foundation and liberation of all mankind. Faith in God demands of edifice containing the entire Jewish spiritual lore. The the Jew a disciplined moral life, regulated by the apprehension of the Divinity does not grow out of precepts concerning the relations between man and human ethical concepts, but because human God and man and man. Only the transgressions sentiments are an integral part of the Divinity and are against God can be forgiven, but not the fundamentally rooted, in and linked with human transgressions against man. The duty subsisting consciousness. The Jewish concept is that ethics are between man and man is absolute and must be the divine spirituality, the mark of God with which observed absolutely, because this duty flows from the man was created. In distinction to the Jewish concept, very faith in Divinity (Unterman, 1971). Faith and is the Greek concept that sees ethics as a result of morality, belief and good deeds are all closely bound purely human rationalism (Unterman, 1971). Both the together. According to the Talmud, morality without term ethics (from the Greek ethos) and morality (from faith is impossibility. This is clearly expressed in the Latin mores) are derived from custom or habit. (10:4) (Scherman, N. (2013). The Stone The word “ethics” comes from the Greek word ethos, Edition Tanach, 3rd Ed., Mesorah Publications, meaning “character” or “custom”, and the derivative Brooklyn, N.Y.): “The wicked man, in the pride of phrase ta ethika, which the philosophers Plato and his countenance, [says]: “He will not avenge!” All his Aristotle used to describe their own studies of Greek schemes are: “There is no Divine Judge.” Wicked values and ideals (Zimmerli, Holzinger, and Richter, people assume that God will not punish misdeeds. 2007). An ethos is that core of attitudes, beliefs, and The concepts of democracy, freedom, equality, feelings that gives coherence and vitality to a people and fraternity are found first in the Torah. If there is (in , an ethnos, a word significantly such a thing as ethics, they are rooted in Jewish life, similar to “ethos”) (Zimmerli et al., 2007). in its very innermost being and essence. Jewish In distinction to this, the Tanach points to ethics, in their immense scope and vast conception, God`s will as perceived in the human conscience as were the first to burgeon upon our earth; they were the source of all morality. Below is a table that the very first foundation of civilized life (Unterman, provides the distinction between the Jewish and 1971). The Jews were the first and only people to Greek concepts of ethics. develop clearly and comprehensively the idealistic

Table 1. Jewish and Greek concepts of ethics

Judaism Hellenism Demands spirituality Demands pure reason Believes in a world of deeds Believes in a word of thought Is soul and sentiment Is mind and reason Emphasizes cleanliness Emphasizes beauty Teaches morality Teaches art Is holiness Is lust Is ethics Is esthetics/aesthetics Not man but God is the central point of existence. It is Its belief is that morality and ethics are completely not man`s will which prevails, but the will of God. Not divorced from faith and are not a consequence of a man`s justified or unjustified passions and caprices must belief in God placed the main emphasis upon man be fulfilled, but the external ethical laws of God, the and prepared the soil for an uncontrolled laws of morality and justice, of truth and equity, peace individualism. In the idealistic system of philosophy and brotherhood. man became the creator of the world, the foundation and the source of being. The Universe exists only through man and with man. The Universe is an image of man and only as an idea of man does it have a place in Universal creation.

The Talmud apparently believes that without their own immediate interests. The Talmud and the religious influence morality and ethics are divested of prophets consider it far too dangerous for man to their fundamental basis. The Talmud also believes observe ethical precepts merely because they are for that no logical theory is capable of inducing an the good of the community. It is far easier for man to individual or group to do that which may be against enjoy that which is immediately available than to

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think of the welfare and security of the group. Jewish ethical expectations of every human being. It was an religion is far more practical and realistic. Jews have idea whose time had come and continues to resonate always based their ethics not upon reason and logic, to this very day – that what you do matters, and what but upon Divine authority and Divine perfection. you say matters because who you are really matters. According to the Talmud, the desire to acquire ethical standards of conduct comes not from man, but 4. Business ethics philosophy from a from the portion of the Divinity that if found within Talmudic perspective man. The desire comes from its primeval source, which are the Power of Creation and the Power of Numerous books and articles have been written Domination. Without God, ethics are without essence examining the Talmudic business ethics philosophy and foundation, without influence and reality, without and how applicable it is to the contemporary business system and permanence. Rabban Shimon ben environment that is rampant with corruption, bribery, Gamaliel55 says: On three things the world is fraud, misappropriation, misrepresentation and all sustained: on law, on truth, and on peace, as it is said: other forms of unethical behavioral activities. The “These are the things that you should do: Speak the following are some of the authors who have devoted truth with one another; and in your gates judge with their time and energy to bring this unique kind of truth, justice and peace” (Zechariah 8:16)56. Mishnah information to the world (Friedman, 1980; 1984; 1857 seems to contradict the dictum of Shimon the 1985; Levine, 1987; Tamari, 1987; 1991; 1995; Righteous in mishnah 258, who says that the world Friedman, 2000; Gellis, Giladi, and Friedman, 2002; exists because of Torah, service, and kindness. There Golinkin, 2003; Kahaner, 2003; Levine, 2005; is no contradiction. According to Lieber (2008), Friedman and Klein, 2010; Friedman and Adler, mishnah 2 speaks of virtues because of which God 2011; Friedman, 2012; Schwartz, 2012).The created the universe. He wanted a world where there following are some of the basic Talmudic would be people who are dedicated to , philosophies of business ethics as discussed by the Divine service, and unselfish kindness to others. Sages. These will go a long way as referral points for Indeed, even in the worst of times there have been both business and the society at large. such people even though they may have been few and unappreciated. As the Rambam59 comments in Lieber 4.1 Care for the environment (2008), all Creation is worthwhile even if there is only one righteous person in the world. This is the The idea that everything-including the environment- teaching of Shimon HaTzaddik in mishnah 2, and it belongs to God and that one of mankind`s job is to act sets up a standard for people whose goal it is to live as its caretaker plays a large role in how the Talmudic up to the Divine goal of Creation. Mishnah 18, on the rabbis viewed the world`s resources. Ecclesiastes other hand, speaks to the very practical question of Rabbah (7:13) says, “God said to Adam: ‘everything how society can be maintained on an even keel, you see I created for your sake. See to it that you do without descending into an animalistic jungle. To this not spoil and destroy the world for if you do, there Rabban Shimon ben Gamliel responds that the “social will be no one to repair it after you.’” The Talmud contract” cannot exist without justice, truth, and (Taanit, 23a) tells a story that one day as Rabbi Honi peace (Lieber, 2008). ha-Ma`agel was travelling on the road, he The Jewish civilization for the past 3,000 years encountered a man planting a carob tree. He asked the has turned for ethical guidance to the Torah itself and man, “How long does it take for the tree to bear all other sacred literature that flowed from studying it fruit?” The man replied, “It takes seventy years for and wrestling with everyday ethical challenges from the tree to bear fruit.” He asked him, “Are you certain the beginning of time right up until today. The you will live another seventy years?” The man fundamental religious principle that underlies all of replied, “When I came upon this land, I found a Jewish ethics is the idea that transformed the world grown carob tree that my ancestors had planted for itself the minute the Torah entered human me. I am doing the same by planting this tree for my consciousness. Then the Torah came into the world descendants” (Judovits, 2009). One of the hallmarks and introduced the idea that there is a God who has of Talmudic environmental beliefs is that what someone does in one place can affect someone else no matter how much distance is between them 55 Avos 1:18 (Kahaner, 2003). Traces of radioactivity from the 56 Scherman, N. (2013). The stone edition Tanach, 3rd Ed., Chernobyl nuclear plant accident were found in the Mesorah Publications, Brooklyn, NY. milk of cows grazing in Scandinavia (Kahaner, 2003). 57 Avos 1:18 The Torah (Deuteronomy 20:19) states that: “When 58 Avos 1:2 you besiege a city you shall not destroy its fruit trees. 59 Rabbi Moses Ben Maimon (Maimonides/Rambam) Man`s life depends on the trees of the field. The (1135-1204) born in Spain before moving to Egypt. He was Talmud (Shabbos, 67b) states that, “It is forbidden to a physician and wrote medical works as well. His greatest cause the oil in a lamp to burn too quickly, thus works are the and The Guide of the Perplexed.

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wasting fuel.” The Midrash (Genesis Rabbah60, 13:3) good deeds, prayer, and performance of one’s summarily states that, three things are of equal occupation (Berachos, 32b). Whenever he went to the importance: earth, humans and rain. academy, Rabbi Yehudah would carry a pitcher on his shoulders and say, “Great is labor for it honors the 4.2 Honesty in Business worker” (, 49b). The Psalmist declares, “When you eat the labor of your hands, you are The Talmud (Shabbos, 31a) states that: "The first praiseworthy61, and it is well with you” (Psalms question an individual is asked in the at the 128:2). final judgment is: 'Were you honest in your business The Talmud exempted laborers from the dealings?'" This statement on its own demonstrates Biblical obligation of standing up for elderly the importance of honesty in business dealings. In individuals and scholars while working (, fact, all that the Holy One blessed be He desires, is 33a). The following law, discussed in the Talmud honesty, as it states (Psalms 31:24): “The Eternal (Berachos, 16a), further demonstrates the importance safeguards the honest.” And it says (Isaiah 26:2): of not wasting time that belongs to one’s employer. “Open the gates and let the righteous nation enter – Laborers were permitted to recite various prayers they have waited trustingly” and (Psalms 101:6): “My while on top of a tree or on the top of a scaffold. The eyes are upon the faithful of the land, that they may worker was not permitted to climb down the tree dwell with me; he who walks the way of perfect since it would waste time that belonged to the innocence, he shall serve me,” and (Jeremiah 5:3): employer. The employer, on the other hand, was “Surely your eyes are toward those who are faithful.” obligated to climb down the tree in order to recite the "Whoever conducts his business dealings honestly is prayers with more feeling. One is obligated to liked by humankind and it is considered as though he perform religious obligations at one’s own expense, observed the entire Torah" (Mechilta, Exodus 15:26). not at the expense of the other. Rabbi Shimon Ben Gamliel, in Avos (1:18) states The Torah (Leviticus, 25:41) requires employers that: "The world endures on three principles: truth, to treat slaves, that is, the lowliest employees, justice, and peace." "One who wishes to become humanely as it says: “You shall not rule over him pious must be scrupulous in observing the laws through rigorous labor.” Furthermore, the master is dealing with and torts" (, 30a). not permitted to make the slave perform debasing The Talmud states that rather eat vegetables and tasks (Leviticus 25:39), and he have to provide for the fear no creditors than eat duck and hide (, slave’s family (Leviticus 25:41). Degrading work, 114a). The rabbis made this statement several times labor without purpose, or jobs with no definite time in different ways. It calls on companies and limit could demoralize a human being. Therefore individuals not to spend beyond their means. Once in these were prohibited for servants and certainly for debt, you are always fearful of creditors and the employees (Leviticus 25:39). humiliation that being in debt can bring (Kahaner, The Talmud (Kiddushin, 22a) interprets the 2003). verse, “because he fares well with you,” Obeying the strict letter of the law is not (Deuteronomy 15:16) to mean the servant must have enough. The Talmud says that Jerusalem was the same living standard as the master, “[the servant] destroyed, for not doing more than the law required must be equal to you in food and drink; you should (, 30b). This idea is brought out in the not eat refined bread and he eat coarse bread, you story of Kamtza and Bar Kamtza, which is told in the [should not] drink old wine and he drink new wine, Talmud (, 55b). The Talmud uses the term “the you [should not] sleep on a mattress and he on straw.” way of the pious” to describe the highest form of The Talmud concludes that one who procures a ethical behavior. A businessperson who leads his or servant acquires a new master for himself! Many her life according to this standard would rather scholars have noted that the rules applying to slaves sacrifice time and money before exploiting another’s would certainly apply to employees. Thus, treating misfortune (Friedman, 1985). employees poorly is prohibited. The Talmud (Berachos, 5b) tells a story that 4.3 Employer-Employee Relations once Rabbi Huna suffered great financial loss when four hundred jars of his wine turned sour. The Talmudic sages encouraged people to be hard- Yehuda, the brother of Rabbi Sala Hasida, and the working. They taught four things that have to be other rabbis visited him. They said to him; “Master, industriously completed: Torah study, performance of you ought to examine your deeds.” He asked them, “Do you find me suspect?” They answered him: “Is God to be suspected of punishing unjustly?” He 60 – Also called Rabbah is the most declared, “If somebody has heard that I am accused ancient systematic aggadic midrashim in our possession. It was composed in Eretz Israel in the 4th or 5th centuries C.E., and its language is Aramaic. The meaning of 61 Scherman (2013). Man must toil to produce results with the words “Bereshit Rabbah” is “the Great Genesis” his own two hands. Only then does God send His blessing (Hananel Mack, 1989, MOD Books, Tel-Aviv). (Tanchuma, Vyeitzei).

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of any misdeed, let him speak.” They replied, “We transgressions, which sin is the most incriminating? heard that the master does not give his tenant his The sin of stealing!” And it was the sin of stealing lawful share of vine twigs.” He replied, “Does he that finally condemned the generation of the Flood to leave me any? He steals them all.” They said to him, such harsh punishment (, 108a). “That is exactly what the proverb says. If you steal from a thief, a taste of his theft remains with you.” He 4.5 Misleading others with bad advice said to the rabbis: “I take upon myself to give him his share in the future.” It was reported that after this The principle of (literally, “before the visit, the vinegar became wine again. Others say that blind”) prohibits one from giving bad advice to the price of vinegar increased so much that Rabbi another person. It is based on the verse in the Torah Huna sold the vinegar for the same price as wine. The (Leviticus 19:14): "You shall not curse the deaf, and employee-employer relationship is very critical for you shall not place a stumbling block before the business success as evidenced by the above classical blind64; you shall fear your God - I am Hashem." The Talmudic discussions and examples. It must be a win- original Hebrew reads, lifnei iver lo sitten michshol win relationship. (“before the blind do not place a stumbling block”) and is often referred to, succinctly, as lifnei iver. The 4.4 Fraud and theft term “blind” is interpreted metaphorically as meaning someone who is unsuspecting, naïve, ignorant, or The Talmud’s views towards fraud and theft go even morally blind65. Thus, one who purposely gives beyond those of contemporary business ethics bad advice to another has violated this law. In fact, thought. Besides acknowledging the rational and one who conceals his true motives for giving the logical requirement of honest dealings within the advice (for example, there is a conflict of interest and marketplace, the Talmud looks at monetary the advisor stands to make a hidden profit or get a dishonesty as a transgression against God’s will. kickback from his advice) has violated the principle Regarding stealing, many prohibitions have been of lifnei iver (Leviticus 19:14). As the Midrash stated in reference to it in the Torah: “You shall not explains, the reason the verse ends with the warning steal” (Exodus 20:13), “Nor may you rob” (Leviticus about fearing God is that human beings do not know 19:13), “You shall not oppress” (ibid.), “Nor may any whether advice proffered to them by friends is good man [among you] make a false denial” (Leviticus or bad; after all, advice is often given with an ulterior 19:11), “Or lie against his fellowman” (ibid), “You motive. Only God knows the true motive of the must not cheat one another” (Leviticus 25:14), “You advice giver. must not move back the border of your fellowman [`s In addition, lifnei iver is considered to be a field]” (Deuteronomy 19:14). Such activities lead to prohibition against helping or causing another to Divine retribution (Tamari, 1991). sin66. Thus, placing any kind of prohibited temptation The Talmud (Bava Basra, 88b) states, “Stealing in front of someone would not be allowed. For from a human being is worse than stealing something example, providing an individual with a prohibited that is consecrated [for use in the Beis HaMikdash62], food would be a violation of lifnei iver, thus for when referring to the former, [the Torah] speaks according to the Talmud, Pesachim (22b). How many first of ‘sinning’ and only afterwards does it mention times do people fail in these transgressions daily as ‘misappropriation’ [while when referring to the latter their lust for profit lures them onward? In the Torah it speaks first of ‘misappropriation’ and only then the severity of their punishment has already been does it mention ‘sinning’].” Theft requires not only spelled out (Deuteronomy 27:18): “Cursed is he who restitution, but before God (teshuvah), and misleads an undiscerning person.” may result in an individual becoming ineligible as a The responsibility of an honest person is such witness (Tamari, 1991). that when someone comes to him for advice he must The Talmud (Bava Kamma, 119a) states, give him the same advice that he would himself “Whoever steals from another, even [something] follow, having no other end in mind, immediate or worth only a prutah, it is as if he has taken his life.” distant, than the benefit of the one who has come for [From here] one sees the severity of this sin even with the advice. And if it should happen that he sees regard to small amounts. The Talmud further says on himself as standing to lose by such advice, he should this subject (Taanit 7b): “The rains are withheld only reveal this to the other party if he is able to, and if he because of the sin of stealing.” The Midrash cannot, he should excuse himself and not give any (Leviticus Rabbah63, 33:3): “[In] a basket full of advice (Luzzatto, 2009).

62 Temple 64 Scherman (2013). “Before the blind.” [In addition to the 63 / (Leviticus) Rabbah – is an ancient volume of lateral meaning,] one may not give bad advice to an aggadot which was created in Eretz Israel and was edited in unsuspecting person (; ), or cause someone to sin the 5th or the beginning of the 6th century C.E. It was (Rambam). clearly influenced by the ancient Tannaic Midrashim 65 ibid (Hananel Mack, 1989, MOD Books, Tel-Aviv). 66 ibid

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4.6 Bribery, outright and subtle deal of discomfort for him, either because of the five ritual baths he took on Yom Kippur and/or because The Torah is very strict about taking bribes: It states the floor would be very cold and he performed the (Exodus 23: 8; Deuteronomy 16:19): “Do not accept service barefoot. When it comes to conflicts of a bribe” and (Deuteronomy 16:19): “Do not pervert interest, no one is to be trusted (Friedman and judgment.” The Talmud (Kethuboth, 105a) adds that Friedman, 2009). the Torah prohibits a judge from taking money even in order to acquit the innocent or to declare the guilty 4.8 Honest weights and measures liable. To further elaborate on this point, the Talmud (Kethuboth, 105b) tells the story of Rabbi Yishmael The Torah is very concerned with honest weights and son of Rabbi Yosi whose sharecropper brought him a measures. The Torah states (Leviticus 19: 35-36): basket of a fruit (from Rabbi Yishmael’s own “You shall not commit a perversion in justice67, in orchard) every Friday afternoon. One day he brought measures of length, weight, or volume. You shall the basket on Thursday. When Rabbi Yishmael asked have correct scales, correct weights, correct dry him why he brought the fruit early, he was informed measures, and correct liquid measures – I am that the sharecropper wanted to use him as a judge on Hashem, your God, Who brought you forth from the a case. Rabbi Yishmael recused himself and found land of Egypt.” One is not permitted to own an others to try the case. Later, when Rabbi Yishmael inaccurate weight or measure (Deuteronomy 25: 13- overheard the proceedings, he kept thinking to 16): “You shall not have in your pouch a weight and a himself of arguments the sharecropper might use to weight – a large one and a small one. You shall not win the case. When he realized what he was doing, he have in your house a measure and a measure – a large cursed those who take bribes. He said that in this one and a small one. A perfect and honest weight situation, where he did not take the gift and even if he shall you have, a perfect and honest measure shall had, it was fruit from his own orchard, yet, he was you have, so that your days shall be lengthened on the still biased and could not think clearly. All the more Land that Hashem, your God, gives you. For an so, one who takes a bribe (or who even has a conflict abomination of Hashem, your God, are all who do of interest) can never be impartial. this, all who act corruptly” (Bava Metzia, 61b). This is why shopkeepers were instructed to wipe their 4.7 Conflict of interest weights once a week and clean their scales after every weighing (Bava Basra, 88a). The Talmud (Bava Metzia, 38a) discusses a The Talmud further states that, “The punishment disagreement regarding the law in the case of a bailee for measurements is [even] more severe than the who is watching someone’s fruit, wine, oil, or honey punishment for promiscuity….” The Talmud is so and notices that it is starting to spoil. Should he sell it concerned with honest measures that the sages even or is he not permitted to do anything? The Talmud prohibit vendors of liquids from pouring a liquid maintains that he should sell it to others under the rapidly from a great height. Since foam is generated, supervision of the court, but he is not permitted to the consumer ends up with less liquid. In addition, buy it for himself. The reason being to avoid people market commissioners were appointed to oversee to suspect that the bailee purchased it for an unfairly businesses using weights and measures (Bava Basra, low price. Klainman (2000) uses this law to prove 89a). For example, the strict Jewish attitude towards that the Jewish laws dealing with conflict of interest maintaining accurate weights and measures counters are not only for judges, witnesses, or public officials. society’s lenient view with respect to “shortchanging” These laws are also for trustees or “anyone having a clients and “cutting corners.” One major form of theft fiduciary relationship with another.” Also, they cause or monetary exploitation regarded by Jewish law is others to be suspicious of one’s motives, implying a “overcharging.” lack of transparency or oversight. One is obligated to There are three degrees of overcharging. If the act in a way that does not cause others to be discrepancy between the sale price and the market suspicious of one’s actions. value is less than one sixth of the market value, no There is no question that Jewish law does not legal action is possible. It is assumed that the buyer allow people or organizations to place themselves in a and seller waive their legal rights as the social costs situation where a conflict of interest is present. The of cancelled sales would outweigh any benefits Talmud (Sanhedrin, 18b) states that neither the king (Tamari, 1991). If the discrepancy between the sale nor the High may be members of the court that price and the market value is exactly one sixth, the is involved in the intercalation of the year. The buyer may make a claim for the price differential. If Talmud felt that the conflict of interest was too great the sales price differs from the market value by more and therefore did not allow the king to participate as a than one sixth, the sale may be invalidated. If the member of the panel. The High Priest also had a conflict of interest. If he agreed to add another month, the following Yom Kippur would be later in the year 67 Scherman (2013). Ch.19:35-36. A businessman who when it is colder in Israel. This would result in a great falsifies weights and measures is likened to a judge who perverts judgment.

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seller makes it clear that there is an overcharge, and relates how the family of Garmu, that made the no form of oppression exists, then no claim for for the Temple, was especially careful to “overcharging” can be made. This form of legal be above suspicion. Their children were never seen protection is designed to prevent the exploitation of a with fine bread. Brides from the family of Abtimas party who may be weaker, ignorant, misled, or never wore perfume since this family made the otherwise disadvantaged (Tamari, 1991). The issue incense for the Temple. still arises whether one is entitled to charge more than the market value up to the one-sixth level. The 4.10 Not discriminating against the Talmud suggests that the moral activity would be stranger charging no more than the market price, despite being technically allowed by the law. One type of poor person that is mentioned numerous times in the Torah is the stranger. According to one 4.9 Transparency opinion in the Talmud (Bava Metzia, 59b), the precept of treating the stranger properly is mentioned The Torah (Numbers 32:22) states that, “And you thirty-six different times in the Torah. For instance, shall be innocent before God and Israel.” This verse Leviticus (25:35) states: “You shall strengthen him, is used by the Talmud (Yoma, 38a) to derive the whether he is a stranger or a native, so that he can live principle that it is not enough for one to know that with you.” In addition, the Torah prohibits one from that one`s actions are proper in God`s eyes. One must wronging or oppressing the stranger (Exodus 22:20; also act in such a way as not to engender suspicion on 23:9). Moreover, the Torah obligates one to love the the part of human beings. Conflicts of interest, of stranger (Leviticus 19:34; Deuteronomy 10:19). This course, cause people to be suspicious of one’s actions concept of caring for the stranger is mentioned and this is not permitted. Demonstrating the seemingly endless times in Scriptures (also in the importance of keeping honest records, the Torah Prophets-Jeremiah 22:3; Zechariah 7:10) because (Exodus, 38:21-31) enumerates the amount of gold, there is a natural tendency to take advantage of those silver, and copper used in the construction of the who are different, whether of a different nationality, . Moreover, the Torah (Exodus, 38:21) different background, or different race. Employers informs us who was ultimately responsible for have a special obligation to “strengthen” those who guaranteeing that accurate records were kept: “These are of different backgrounds by providing them with are the accounts of the Tabernacle, the Tabernacle of meaningful work. the Testimony, as they were calculated according to the commandment of Moses…” Moses wanted to 4.11 Paying Wages and Rents on Time show everyone that he was acting in such a way so that no one would be suspicious of him and to make The Torah (Leviticus 19:13) states: “You shall not evident to the that no precious metals were cheat your fellow and you shall not rob; a worker`s diverted for anyone’s personal use. Thus, he wage shall not remain with you overnight until commanded others to audit the books. morning68.” Employers must pay employees on time. The Sidrah begins with a detailed listing of the Withholding payment due to workers is a violation of amounts of gold, silver and copper that was the Torah law. The Talmud (Bava Metzia, 112a) says contributed for the construction of the Tabernacle. that, “Whoever withholds an employee`s wages, it is Despite the fact that metals were deposited with as if he has taken the person`s life from him.” The Moses and were under the supervision of Bezalel – Talmud (Bava Metzia, 111b) extends this law to all people whose greatness and integrity were kinds of payments owed, including various types of indisputable, known to the people, and attested to by rental fees. Firms that are late in paying their God – Moses would not rely on assumptions. Leaders landlords or suppliers violate this law. The must be beyond reproach and must keep accounts of importance of paying workers on time can be seen the funds that pass through their hands. Today we from the following episode related in the Talmud would refer to this as transparent accounting records. (Bava Metzia, 83a). Some porters hired by Rabba Moses gave a complete reckoning to the Jewish Ben Huna were negligent and broke his cask of wine. people of what their donations had been used for. Not only did Rabba not get restitution, but Rab, the Financial transparency is essential for all judge, required that Rabba pay the workers. Rab felt organizations and especially those that are supported that since the porters were quite poor, one must by the community. sometimes go beyond the strict letter of the law. Rab, The Talmud (Pesachim, 13a) states that the somewhat cryptically, quoted a passage from overseers in charge of the soup in the kitchen were Proverbs to demonstrate that an ethical person not allowed to purchase surplus food when there were no poor people for whom to distribute it. Surpluses 68 were only allowed to be sold to others so as not to Scherman (2013). Ch.19:13 If a worker was hired by the arouse suspicion that the charity overseers were day, his employer has until morning to pay him; if he was profiting from public funds. The Talmud (Yoma, 38) hired for the night, he must be paid by the next evening (Rashi; Sifra).

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sometimes must do that which may not be necessary father heard about this, he said: “My son, even if you on purely legal grounds. The verse in Proverbs (2:20) would prepare for them a banquet as majestic as says: “That you may go in the way of the good and Solomon when in his grandeur, you would not fulfill keep the ways of the righteous.” your undertaking” (Bava Metzia, 83a). Rabbi In our own time, Aaron Feuerstein, President Yochanan believed that a simple meal would not be (owner) of Malden Mills, displayed an unusually high sufficient to satisfy one’s obligation, since laborers level of ethics after his textile company burned down had to be treated with great honor and respect. on December 11, 1995. This was so unusual that Providing the workers with bread and water for their President Clinton was moved to invite him to sit with meal would be as unacceptable as feeding one’s own his wife Hillary and daughter Chelsea during the family such a meal. State of the Union address the following month (Kahaner, 2003). Feuerstein could have taken the 4.13 Honesty in negotiations insurance money and not rebuilt his company. Not only did he choose to rebuild (primarily in order to The negotiation between Ephron and Abraham over save the jobs of 3000 employees), but he paid his the Cave of Machpelah provides interesting insights idled workers for three months and took care of their into proper and improper ways to negotiate (Genesis health-care benefits for six months. The total cost of 23). Abraham’s wife Sarah died, and Abraham his generosity was about USD10 million. Apparently, needed a place to bury her. Abraham was desperate Mr. Feuerstein chose to “keep the ways of the for a burial plot. Ephron, knowing this, realized that righteous.” he could overcharge Abraham and probably still get his asking price. Ephron, however, was also 4.12 Fringe benefits for employees interested in posturing before his countrymen and looking generous. He said to Abraham, “No, my lord, The Torah requires the master to give his or her slave listen to me! I have already given the field to you, and a severance gift. The Torah (Deuteronomy 15:13-14) as for the cave that is in it, I have given it to you; in states: “Do not send him away empty-handed. You the sight of my countrymen, I have given it to you. shall give him a severance gift from your flocks, from Bury your dead” (Genesis 23:11). Abraham certainly your threshing floor, and from your wine cellar; as had the opportunity of saying to Ephron, “Thank you Hashem, your God, has blessed you, so shall you give very much for this nice gift.” Abraham probably him.” An ethical employer should realize that if the suspected that Ephron was offering the land only Torah demands that a slave be given a severance because his countrymen were watching and was not bonus after six years of labor, it is certainly sincere in his offer. Abraham replied, “If only you appropriate for employers to reward loyal workers would listen to me! I am giving you the money for the who have been with a firm for many years. The Torah field.…” Ephron said, “My lord, hear me! Land worth gives a field worker the right to eat the produce he four hundred silver shekels, between me and you, cultivates. what is it? Bury your dead” (Genesis 23:15). Ephron, The Torah (Deuteronomy 23:25-26) states: still pretending that he wanted to give away the land, “When you come [as a worker] into your neighbor’s slyly mentioned its value. Abraham understood what vineyard, you may eat as many grapes as is your Ephron really wanted and ended up paying him the desire, to your fill, but you may not put any into a grossly outrageous sum of four hundred silver shekels receptacle. When you come into your neighbor’s (Jeremiah paid seventeen shekels (Jeremiah 32:9) for standing corn, you may pluck ears with your hand, property that was better, and probably larger, than the but you should not lift a sickle on your neighbor’s Cave of Machpelah). standing corn.” Grape-pickers, for example, can eat The Torah could simply have stated that some of the grapes they are harvesting, but they are Abraham paid Ephron four hundred silver shekels for not allowed to place them into a vessel (to take home the Cave of Machpelah and left it at that. One reason with them). These laws ensure that a field worker has this chapter is in the Torah is possibly to instruct us in a right to eat the crop he or she is working on while the proper way to negotiate. Abraham did not want to harvesting. However, they also protect the field take advantage of Ephron, knowing very well that owner from a rapacious worker who will take too Ephron was simply posturing. Abraham desired to much. Surely, an ethical employer, especially one in pay a fair price. Ephron’s behavior, on the other hand, the food business, should allow workers to take a was reprehensible. Knowing that he had the upper reasonable amount of food for them. Interestingly, hand, Ephron proceeded to ask for an outrageous many hotels allow employees to get all their meals sum. From Ephron’s conduct, the Talmud (Bava free while working, but do not allow them to pack up Metzia, 87a) derives the principle that “wicked food to bring home. people promise much and do not even do a little.” The Talmud recounts the story of the son of They would offer to anoint with oil from an empty Rabbi Yochanan Ben Mattia, who once hired workers flask. and agreed to supply them with food, without Negotiations are quite common in business. In specifying the quantity or type of food. When his particular, there are employer-employee and buyer-

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seller negotiations. The story of Abraham and Ephron deceptions in selling, including the following: demonstrates the importance of being honest. Ephron painting animals or utensils to fool prospective buyers comes across as a sleazy character because he into thinking they are younger or newer; or deceiving promised much and then ended up overcharging for potential customers by placing the better quality his property. Ephron was more concerned with merchandise on top of the bin (and the lower quality grandstanding than with being honest and merchandise on the bottom) to make it appear that the straightforward. merchandise is of uniformly high quality throughout. The Talmud discusses various standards of The law against deception is relevant even in conduct that affect negotiation techniques. For , that is, one party can claim mekach taos instance, the Talmud prohibits asking a dealer the (transaction under mistaken assumption) if the other price of an item if an individual has absolutely no party has a hidden defect. The discovery of a bodily intention of buying the item (Bava Metzia, 58b). defect in a spouse can annul a marriage; this kind of Asking a merchant a price when one has no intention marriage is voidable. Evidently, the Talmud considers of buying, causes the merchant to have a false any type of deception or dishonesty to fall under the expectation of a sale. The Talmud considers this to be biblical prohibition against stealing, denying falsely, deceptive. Furthermore, the merchant is upset when or lying. the inquiry does not result in a sale. Only an The Talmud states that there is a clear individual who has some interest in purchasing a distinction between fraudulent and legitimate product has the right to inquire about a price. business practices: Whatever one does to show the The Talmud states that an individual who buyer the true value and beauty of an item is a fair “jumps in” while another person is involved in and honest effort. However, whatever [is done] to negotiations and snatches the property away from the conceal its defects is fraudulent and prohibited. This latter party is wicked. The Talmud tells the story of a according to the Talmud is a fundamental rule in the sage who abandoned a field he had just purchased workings of business ethics (Luzzatto, 2009). after discovering that someone else had been negotiating for it prior to the purchase (Kiddushin, 4.15 Providing an honest day’s work 59a). A decent person (or organization) does not intrude when others are in the midst of negotiations. The rule of thumb is that whatever the work may be, Legally, of course, one cannot prevent another from one who has been hired to do a day`s work is interloping. The Talmud, however, frowns on such regarded as having sold all his hours to his employer behavior. This rule also applies to an individual who for that day, as the Talmud (Bava Metzia, 56b) says: “steals” a job from another person who is in the “One who hires himself out for a day`s work sells middle of negotiations with a prospective employer. himself for that day.” Therefore, whatever one takes It may be legally binding, but it is certainly immoral [from those hours] to benefit himself, in whatever by Talmudic standards. manner, is pure thievery, and if [his employer is not prepared] to overlook this he is not absolved of guilt, 4.14 Honesty in selling as the Talmud (Yoma, 85b) adds that: “A man`s sins against his neighbor are not atoned for on Yom Talmudic law requires that the seller inform the buyer Kippur until he placates his neighbor. Employees are of any hidden defects in the merchandise. Sales made required to work to the best of their abilities and not under false pretenses, for example, by hiding a waste time. Incidentally, companies that are hired on product defect, would be null and void. Two classic a cost-plus basis as contractors have the same cases are discussed in the Talmud. One case involves obligation of working to the best of their abilities and an individual who sells fruit without specifying not wasting time and money belonging to others. whether the fruit is to be used for eating or seed. The Homiletically, one sees this principle in the following buyer, who purchases the fruit for its seeds, plants the biblical passages. Ya`akov Avinu (Jacob) ran away seeds and then finds out that the seeds are sterile. The from his parents’ home in Israel to another country seller’s argument was that he sold the fruit for eating because his brother Esav wanted to kill him. When he and not for the seeds. The other classic case involves arrived in Haran, he noticed some shepherds idling an individual who buys an ox and then finds out that around the well. He said to the shepherds, “Look, the the ox is a gorer and thus unsuitable for plowing. The day is still long; it is not yet time to bring in the seller claims that he sold it for meat. The above cases cattle. Water the sheep and go on grazing” (Genesis are situations in which the seller distributes both 29:7). A stranger in a foreign land does not usually types of products, for example, oxen for plowing and question the work habits of others. This can be quite oxen for meat. If, however, a seller only sells one risky, especially with the wrong kind of people. type of product and clearly is trying to deceive a Apparently, Ya`akov Avinu was surprised that blameless customer, there is no question that this is a these shepherds appeared not to be doing an honest violation of the biblical law. day’s work. Many years later, Ya`akov Avinu One is not permitted to deceive others under any described the kind of work he himself had performed circumstances. The Talmud prohibits various kinds of for Laban. Ya`akov Avinu told his wives, “You know

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that I have served your father with all my strength” 'from now on you will not have to work anymore!' He (Genesis 31:6). Ya`akov Avinu also described to replied: 'why not?' They explained: 'we bought you a Laban the kind of work he did for him: “These twenty donkey from a non-Jewish trader and we found a years that I have been with you, your ewes and your precious gem hanging from its neck'. Shimon said: she-goats have not miscarried their young, and I have 'And did its master know?' They replied: 'no'. He said: not eaten the rams of your flocks. That which was 'go and return it. Do you think I am a barbarian?! I torn of beasts I did not bring to you; I bore the loss of want to hear the non-Jew say "blessed be the God of it.... “In the daytime I was consumed by drought and the Jews" more than I want all the material rewards of in the evening by frost, and my eyes were deprived of this world!' This taught us that we should always sleep” (Genesis 31:38-41). So what will they say – have the Lord in our thoughts. If we are able to think those who are busy with their own pleasures while of business when we are praying, we should be able they are supposed to be at work attending to their to think of praying when we are doing business. jobs, or who are occupied with enriching their pockets [at their employers` expense]?! Evidently, 4.17 Responsibility for damages Ya`akov Avinu worked to the best of his abilities for Laban this, despite the fact that Laban had deceived According to Kahaner (2003), the biblical phrase “an him by substituting Leah for Rachel at the wedding, eye for an eye” does not have anything to do with thus requiring that Ya`akov Avinu work an additional punishment for knocking out someone`s eye, and it is seven years. Ya`akov Avinu believed that an not an endorsement of the death penalty. It means that employee should work as hard as possible and do an we are responsible for everything that we do. If we honest day’s work. break something, we are expected to fix it, replace it, The Talmud relates that Abba Chilkiyah was so pay for it, or otherwise make restitution. The meticulous about not wasting his employer’s time that corollary he said is that we are also obligated to he ignored and did not even greet two scholars sent prevent damage to or the destruction of anything by the rabbis to ask him to pray for rain. The two unnecessarily. This includes anything that happens as scholars then later asked Abba Chilkiyah about the a result of our action or our inaction. This prohibition mysterious behavior to which Abba Chilkiyah refers not only to material things but to intangibles answered, “Because I was a paid laborer; I could not such as another person`s self-esteem or reputation. steal my employer`s time to greet you” (Taanit, 23a- b). 5. Conclusion

4.16 Kiddush Hashem and chillul In conclusion, the Talmud is without doubt the most Hashem prominent text of ’s traditional literature. The Talmud has created a broad ethical These two principles apply not only to business ethics world from which the Jew has drawn his universal but to all of our relations with our neighbors. The two conception of morality and responsibility. The are called kiddush Hashem, or the sanctification of Talmud is therefore a guide for every person who God's name, and or the desecration of honestly seeks to unite with God and man, with the God's name. They stem from a verse in Leviticus love of God as well as with the love of man. In his (22:32): "You shall not desecrate My holy name, that book, The Complete Idiot`s Guide to the Talmud, I may be sanctified in the midst of the people of Israel Rabbi Aaron Parry says that when, shortly before his - I am the Lord who sanctifies you." This verse means death, Albert Einstein was asked what he would do that any good or holy act that a person does, sanctifies differently if he could live his life again, he replied God's name in the eyes of people while any bad or without hesitation: “I would study the Talmud.” profane act that a person does, desecrates God's name Many people, Jews and Non-Jews have resorted to in the eyes of the public. A Jew`s primary privilege study the Talmud which is a significant part of our and responsibility is to sanctify God`s Name through very life and an efflorescence which has substantially his behavior, so that people say of him, “Fortunate are helped to mold and form our very essence. the parents and teachers who raised a person.” Conversely, there is no greater degradation for a Jew References than to act in a way that will make people say the opposite (Yoma, 86a). 1. Brackman, L. and Jaffe, S. (2008). Jewish wisdom for As we learn in the classic Talmudic story about business success: Lessons from the Torah and other Shimon ben Shetah (Yerushalmi Bava Basra, 2:5): ancient texts, AMACOM, Broadway, N.Y. Shimon Ben Shetah was in the flax trade. His 2. De George, R. T. (2006). Business ethics (6th Ed.). Upper Saddle River, NJ: Pearson. students said to him: 'retire from the flax trade and we 3. Friedman, H. H. (1980). “Talmudic business ethics: will buy you a donkey and you will not have to work An historical perspective,” Akron Business and so hard.’ They bought a donkey for him from a non- Economic Review, Vol. 11, pp. 45-49. Jewish trader. As it turned out, a precious gem was hanging from its neck. They came to him and said:

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